INTRODUCTION

Reasonable access is crucial for upholding disability rights, ensuring that individuals with disabilities can fully engage in all aspects of society. This principle, embedded in frameworks like the Convention on the Rights of Persons with Disabilities (CRPD) and various national legislations, mandates the removal of barriers to ensure inclusivity in education, employment, and public services. Addressing these needs is vital for fostering inclusivity and equality.

Rights of Persons with Disabilities (RPwD) Act, 2016

The Indian government enacted the Rights of Persons with Disabilities (RPwD) Act, 2016, to ensure inclusion and empowerment of individuals with disabilities by emphasising non-discrimination, accessibility, and equality in education, work, and social security. 

Disabled in India:

• Person with Disability: An individual with a long-term physical, mental, intellectual, or sensory impairment that, when interacting with barriers, restricts their full and effective participation in society on an equal basis with others

• Barrier: Any factor (communicational, cultural, economic, environmental, institutional, political, social, attitudinal, or structural) that obstructs the full participation of persons with disabilities in society.

• Person with Benchmark Disability: An individual with at least 40% of a specified disability, whether or not the disability is defined in measurable terms, as certified by an authorised certifying authority.

• The Act expands the definition of disability to include 21 conditions, aiming to promote the rights and dignity of people with disabilities and align with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).

• The 21 disabilities are given below:-

• Blindness

• Low-vision

• Leprosy Cured persons

• Hearing Impairment (deaf and hard of hearing)

• Locomotor Disability

• Dwarfism

• Intellectual Disability

• Mental Illness

• Autism Spectrum Disorder

• Cerebral Palsy

• Muscular Dystrophy

• Chronic Neurological conditions

• Specific Learning Disabilities

• Multiple Sclerosis

• Speech and Language disability

• Thalassemia

• Haemophilia

• Sickle Cell disease

• Multiple Disabilities including deafblindness

• Acid Attack victim

• Parkinson's disease

Features of the act

• Equality and Non-Discrimination: Prohibits discrimination in employment, education, and public services, ensuring equal opportunities and legal protection.

• Women and Children: Mandates special measures for the protection and empowerment of women and children with disabilities.

• Community Life: Promotes the right to live in the community with equal choices and access to support services.

• Accessibility in Voting: Ensures accessible polling stations and materials for independent voting.

• Duty of Educational Institutions: Requires inclusive education and reasonable accommodations for students with disabilities.

• Reservation: Mandates 4% job reservation in government roles and 5% in higher education for persons with benchmark disabilities.

• Incentives for Private Sector: Encourages private employers to hire persons with disabilities through various incentives.

• Sporting Activities: Promotes inclusion in sports with access to facilities and participation opportunities.

• Research and Development: Encourages research to improve accessibility, assistive technologies, and quality of life.

Department of Empowerment of Persons with Disabilities-DEPwD  

• In 2016, the Department of Empowerment of Persons with Disabilities under the Ministry of Social Justice and Empowerment was renamed from 'Viklangjan Sashaktikaran Vibhag’ to  ‘Divyangjan Sashaktikaran Vibhag’.

• The term ‘divyang’ meaning ‘divine body’ was introduced to replace ‘viklang’ or ‘disabled’ when referring to persons with disabilities.

National Trust for Welfare

• About: A statutory body under the Ministry of Social Justice and Empowerment, Government of India, was established under the “National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities” Act of 1999.

• Objectives: Enable independent living within communities, ensure equal opportunities and rights, support registered organisations in providing services, and establish procedures for appointing guardians and trustees for persons with disabilities

Disability Statistics

• Global: According to WHO data, around 15 percent of the world’s population, or estimated 1 billion people, live with disabilities. 

• 80 percent of persons with disabilities live in developing countries, according to the UN Development Programme. 

• India:

• Census Data:According to the 2011 Census, 2.68 crore Indians, or 2.21% of the population, have disabilities, with 1.50 crore men and 1.18 crore women. 

• NFHS-5 (2019-21) Data: 4.52% of the Indian population has a disability

• Locomotor disabilities constitute the largest share (44.70%) of disabilities, followed by mental and speech impairments.

Multi-dimensional challenges they face in India

• Accessibility Barriers: Limited access to physical infrastructure, such as ramps, elevators, and accessible public transport, hinders mobility and independence.

• Educational Inequality: Lack of inclusive education facilities and resources restricts opportunities for quality education and skill development.

• Employment Discrimination: Persistent biases and inadequate workplace accommodations lead to lower employment rates and limited career advancement.

• Healthcare Obstacles: Inadequate healthcare services, including a shortage of specialised care and accessible medical facilities, affects the quality of life.

• Social Stigma: Prevalent social attitudes and misconceptions contribute to marginalisation and exclusion from mainstream activities.

• Legal and Bureaucratic Hurdles: Complex procedures and lack of awareness about disability rights impede access to benefits and services.

• Economic Disparity: Higher poverty rates among persons with disabilities due to limited employment opportunities and additional costs associated with disability.

• Assistive Technology Access: High costs and limited availability of assistive devices and technologies affect daily functioning and independence.

• Lack of Policy Implementation: Gaps in the effective implementation and monitoring of disability rights laws and policies lead to insufficient support and resources.

• Emergency and Disaster Preparedness: Inadequate planning and resources for emergency situations make it difficult for persons with disabilities to receive timely assistance.

• Misconception of Productivity: There's a prevalent belief that PwDs are less productive, leading to resistance in providing accommodations.

• Underutilised National Fund: Despite legal provisions, the National Fund for PwDs remains underutilised with a restricted scope and limited coverage.

Government schemes 

• SPARK Project:

• Project Collaboration: The SPARK project is a collaborative initiative involving the ILO, International Fund for Agricultural Development (IFAD), and the Women’s Development Corporation in Maharashtra.

• Role of Disability Inclusion Facilitators (DIFs): Persons with disabilities are trained as DIFs, who then lead efforts in their communities to promote disability inclusion.

• Mainstreaming Women with Disabilities: DIFs identify women with disabilities and integrate them into existing self-help groups to support their social and economic development.

• Unique Disability ID (UDID) card: 

• The UDID sub-scheme aims to create a National Database for Persons with Disabilities by issuing disability certificates and Unique Disability Identity cards through competent medical authorities designated by State Governments/Union Territories.

• The project seeks to enhance transparency and efficiency in delivering government benefits to persons with disabilities.

• Accessible India Campaign (Sugamya Bharat Abhiyan)

• Launched by DEPwD on December 3, 2015, the campaign aims to eliminate obstacles in indoor and outdoor facilities (schools, medical facilities, workplaces) and enhance transportation accessibility (air travel, buses, taxis, trains) for PwDs, benefiting everyone in society.

• Aims: 

• Enhancing proportion of accessible and usable public documents and websites that meet internationally recognized accessibility standards

• Enhancing the pool of sign language interpreters

• Enhancing the proportion of daily captioning and sign-language interpretation of public television news programmes 

Way forward

• Urban-Rural Disparities: Addressing the greater challenges faced by disabled individuals in rural areas compared to their urban counterparts, including limited access to education and employment.

• Disability Sensitisation in Schools: Activists advocate for introducing disability sensitisation education at the school level to normalise disability from an early age and build empathy.

• Need for a Positive Ecosystem: Creating an environment where institutions view accommodations as both a legal obligation and a business opportunity is crucial.

• Robust Legal Framework: Ensuring that strong legal frameworks support the employment of persons with disabilities, providing clear guidelines and protections

• Inclusion in Developmental Schemes: Ensuring that developmental schemes include persons with disabilities and do not view them merely as objects of charity.

• Agency and Participation: Recognizing and empowering persons with disabilities as active participants in decision-making processes, rather than passive recipients of aid.

• State's Role: The government has a responsibility to establish a supportive ecosystem for PwDs by mandating and incentivizing accessibility.

• Continuous Funding: The government should designate the National Fund as a separate line item in the annual budget to ensure a consistent flow of funds.

• Bottom-Up Approach: Implementing a bottom-up approach to disability inclusion to create productive pathways out of poverty and integrate persons with disabilities as active members of society and the economy.

• Private Sector Engagement: Actively engaging the private sector to build confidence among companies in hiring and retaining employees with disabilities.

CONCLUSION

To address the challenges, a comprehensive approach is needed, including improved accessibility, inclusive education, and equitable employment. Tackling social stigma, enhancing healthcare services, and ensuring effective policy implementation are crucial

Tags:
Polity

Keywords:
Disability Rights Accessibility PWD